1.2 Statement of the Problem
The destruction of the world trade centre in USA popularly known as 9/11 destruction of life and property of US personnel’s and the impending danger it may create is the back drop against which the statement of the problem is formulated.
The 9/11 2001 terrorist attack sponsored by Osama Bin Ladin on USA world trade centre has led to the enactment of law on counter terrorism by all UN member states to avoid re-occurrence. Notwithstanding these laws, attacks continue to take place in both developing and
developed countries without a commensurate from the law enforcement agencies.
Thus, there is clearly a problem between the availability of law and implementation of these laws. The question now is whether the available laws are sufficient or adequate enough to fight terrorism in Afghanistan and whether the law enforcement agencies are well-equipped to manage the terrorist threat in the country considering what is expended by these terrorists technologically and financially in the recruitment, equipping and execution of their acts. Also putting into consideration the dynamic nature of the trend which included the “old terrorism” that existed between 1960s and 1980s when terrorist had predominantly secular motivation and a rational political reasons for their acts, excessive force and indiscriminate violence was not used which kept the casualty level low, 16 and the 9/11 event that resulted to a new type of terrorism of extreme violence and high rate of causalities; whether the entire USA administrative and policy system is enough to discourage terrorism.
The problem then revolves between the availability of laws and lack of implementation on availability whether the recent anti-terrorism Act can solve the problem, will be found by a review of the act against any previous provision provisions in the laws on terrorism. The problem of implementation will centre on effective on effective policy intelligence gathering, reorganization of the entire security land scape of Afghanistan. The researchers concern again in this paper is to examine the threat of terrorism in US by the talibans. In this regard, the paper attempts to provide possible answers to the question; what factors precipitates terrorism and does Afghanistan provide a possible haven for terrorists and / or terrorism? How real is the threat of terrorism and what can be done to avert the possible attack?
1.3 Research Questions
1. What is terrorism and its different types?
2. What are the legal frameworks against terrorism in Afghanistan and their different provisions?
3. What are the factors that militate against effective implementation of anti- terrorism in developing countries like Afghanistan?
1.4 Objective of the Study
This dissertation is aimed at considering the legal framework against intentional terrorism and taking time to highlight the possible problems that could hinder the implementation of these legal framework(s). Accordingly, our objective in this work will be:
1. To examine the legal framework against international terrorism
2. To access the adequacy of the existing provisions
3. To highlight defects and short comings in the existing provisions
4. To examine the factors that hinder implementation of these legal framework,
5. To ensure that suggestions are made geared towards addressing these factors and ensuring the implementation of these frameworks for the combat of terrorism
1.5 Methodology
The concept under examination here is a broad one; therefore, the methodological approach will be primarily analytical. It will aim at analyzing and examing terrorism in Afghanistan. It will involve the use of secondary sources, significant reliance on ‘internet sources’ for investigative and supportive information.
1.6 Relevance of the Study
So much work has been written by many scholars on the concept of terrorism. However it is important to note that they have most at times concentrated on international terrorism in relation to the September 2001 bombing of the twin towers. A few have written on terrorism in Africa and little in Afghanistan. Most of the works on terrorism in Afghanistan are newspaper articles and internet. Some scholars have written on the existing law on war against terrorism around the globe and UN resolutions. Considering that the Anti terrorism bill has been passed, this dissertation intends to use it with the other existing legal framework. Thus, this research exercise is relevant to the extent that one should:
1. Understand terrorism in the Afghan context by a careful examination of some and its root cause.
2. Examine the legal framework against terrorism in Afghanistan.
3. Determine whether these legal frameworks are comprehensive enough in the light of combating terrorism
4. To analyze the problems of implementation of these framework and the role of the security agencies in the implementation.
1.7 Delimitation or Scope of the Study
The main focus for consideration is the concept of terrorism in Afghanistan. We will look into the international system in relation to resolutions of the United Nation and other treaties on terrorism that Afghanistan has ratified, and the general world-view on terrorism as it relates to Afghanistan and the 9/11
Thus, this work is primarily aimed at examination of the legal framework against terrorism and problems of implementation in Afghanistan and some part of African countries.
1.8 LIMITATIONS
The challenges that can pose a threat to this research include the following:
i. The challenge of few written materials on the topic
ii. Financial constraints to access the available materials on-line and typing the work.
iii. The difficult task of combining this research with many other academic work written by renowned scholars.
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